The additional provision of the Law on Criminal Procedure added by the Organic Law 15/2003 of 25 November, amending the Organic Law 10/1995 of 23 November of the Penal Code, acts as a legal basis. Royal Decree 1977/2008, dated November 28, which regulates the composition and functions of the National Commission for the forensic use of DNA.

The aforementioned royal decree allowed the constitution and implementation of this collegiate body, attached to the Ministry of Justice, with the specific functions of accreditation, coordination and elaboration of protocols. official, as well as to determine the safety conditions of the laboratories empowered to contrast genetic profiles in the investigation and prosecution of crimes and the identification of dead bodies.

So far Article 4 regulated the composition of the National Commission in two paragraphs: the first was dedicated to the Presidency, Vice-Presidency and Vowels, while the second opened the possibility for them to be incorporated, also as vowels, two representatives of the DNA database, one dependent on the Mossos d' Esquadra and one of the Ertzaintza.

With regard to the first paragraph, since the subject matter of study in this Commission has a marked procedural content, the plenary has requested that a representative of the General Council of the Judiciary and the General Council be included in it. a representative of the Office of the Prosecutor General of the State, in addition to expressly including the representatives of the Mossos d' Esquadra, the Ertzaintza and the Police Foral de Navarra, and of being able to count on the participation of other authorized experts by the Presidency.

As for the second, nothing was established regarding the possibility that representatives of other autonomic police officers who provide information to the police database of DNA could be integrated into their case, and therefore could be be part of the Commission under the same conditions as those laid down for those referred to above.

To remedy a situation that might be considered discriminatory against other autonomous communities, it seems appropriate to adapt this precept by allowing them to be part of the National Commission for the forensic use of DNA. representatives of the DNA databases that are dependent on the various autonomic police officers.

In its virtue, on the proposal of the Ministers of Justice and Home Affairs, with the prior approval of the Minister of Finance and Public Administrations and after deliberation of the Council of Ministers at its meeting on 25 September 2015,

DISPONGO:

Single item. Amendment of Royal Decree 1977/2008 of 28 November, regulating the composition and functions of the National Commission for the forensic use of DNA.

Royal Decree 1977/2008 of 28 November, which regulates the composition and functions of the National Commission for the forensic use of DNA, is amended as follows:

One. Article 4 is amended as follows:

" Article 4. Composition.

1. The National Commission for forensic use of DNA is made up of the following members:

a) President: the Director General of Relations with the Administration of Justice.

(b) Vice-Presidents: the Director of the National Institute of Toxicology and Forensic Sciences and the representative of the Secretariat of State for Security, appointed by its holder.

c) Vocals:

-An official attached to the laboratories of the Commissioner General of Scientific Police, appointed by the Director General of Police.

-An official of the Judicial Police Headquarters of the Civil Guard, appointed by the Director General of the Civil Guard.

-A representative of the Police of the Generality of Catalonia-Mossos d' Esquadra.

-A representative of the Basque Autonomous Police-Ertzaintza.

-A representative of the Navarra Police.

-A magistrate appointed by the Minister of Justice.

-A prosecutor appointed by the Minister of Justice.

-A representative of the General Council of the Judiciary, appointed by the Permanent Council Commission.

-A representative of the State Attorney General's Office, designated by this State.

-A bioethics expert appointed by the Minister of Justice.

-A genetics expert appointed by the Minister Economy and Competitiveness.

-An expert in medical genetics and molecular pathology of the National Health System, designated by the Minister of Health, Social Services and Equality.

-A medical examiner appointed by the Minister of Justice.

-An optional from the National Institute of Toxicology and Forensic Sciences, appointed by its Director, who will act as the Secretary of the Commission.

2. The Commission shall also be part of the Commission of regional police which can be established at national level as long as they integrate their files or DNA bases into the police database on identifiers obtained from the DNA. "

Two. Article 7 is amended as follows:

" Article 7. Collaboration and advice.

The Commission, with the authorization of the President, may request for the exercise of its functions, the collaboration and the advice of the staff assigned to the various laboratories of DNA analysis for research purposes. criminal or identification of missing persons, as well as of the DNA databases, as well as other experts considered. "

Single end disposition. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on September 28, 2015.

FELIPE R.

The Vice President of the Government and Minister of the Presidency,

SORAYA SAENZ DE SANTAMARIA ANTON